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Abdul Bin Mohammed Bin Abess Ourgy
| place_of_birth = Tunis, Tunisia | date_of_arrest = | place_of_arrest= | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 502 | group = | alias = | charge = No charge (extrajudicial detention) | penalty = | status = Still held in Guantanamo | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Abdul Bin Mohammed Bin Abess Ourgy is a citizen of Tunisia, currently held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. list of prisoners (.pdf), US Department of Defense, May 15, 2006 His Guantanamo Internment Serial Number is 502. The Department of Defense reports that Ourgy was born on July 25, 1965, in Tunis, Tunisia. As of May 17, 2010, Abdul Bin Mohammed Bin Abess Ourgy has been held at Guantanamo for eight years. Combatant Status Review Tribunal s were held in a 3 x 5 meter trailer. The captives hands and feet were shackled to a bolt in the floor.Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirrorInside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Abdul Bin Mohammed Bin Abess Ourgy's Combatant Status Review Tribunal, on 13 October 2004. The memo listed the following allegations against him: member of al Qaida: :#The Detainee is a Tunisian national who traveled to Italy then to Afghanistan where he received training at the Durunta military camp. :#Durunta is an Al-Qaida military training camp. :#The Detainee spent twenty-eight days at the camp where he participated in Kalashnikov rifle, pistol, RPG, and grenade training. :#The Detainee fought with Al-Qaida in the mountains of Tora Bora. }} Transcript Ourgy chose to participate in his Combatant Status Review Tribunal. | title=Summarized Statement | date=date redacted | pages=pages 34–42 | author=OARDEC | publisher=United States Department of Defense | accessdate=2008-03-15 }} On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a nine page summarized transcripts from his Combatant Status Review Tribunal. Habeas petition A petition of habeas corpus was filed on behalf of Adel El Ouerghi. mirror Over two hundred captives had habeas corpus petitions filed on their behalf before the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 closed off the captives' access to the US civilian justice system. On June 12, 2008, in its ruling on the Boumediene v. Bush habeas corpus petition, the United States Supreme Court over-rode the Congress and Presidency, and restored the captives' access to habeas corpus. In September 2007 the Department of Defense published the unclassified dossiers arising from the Combatant Status Review Tribunals of 179 captives. But the Department of Defense withheld the unclassified document Tribunal. The Department of Defense has not offered an explanation why it withheld his documents. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". mirror Re-initiation On 9 July 2008 Michael A. Cooper submitted a "POST-CONFERENCE SUBMISSION ON BEHALF OF PETITIONER EL OUERGHI" on behalf of Adel El Ouerghi. mirror On 17 July 2008 Noah H. Rashkind filed a "STATUS REPORT FOR THE CASE OF ADEL AL WIRGHI (ISN 502)" on behalf of Adel Al Wirghi. Administrative Review Board hearing | pages=1 | author=Spc Timothy Book | date=Friday March 10, 2006|accessdate=2007-10-10 }}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. First annual Administrative Review Board A Summary of Evidence memo was prepared for Abdul Bin Mohammed Bin Abess Ourgy's Administrative Review Board, on 22 April 2005. The memo listed factors for and against his continued detention. The following primary factors favor continued detention :d. Intent :#The detainee fought with al Qaida in the mountains of Tora Bora. :#The detainee was identified as Adel Al Tunesi, and explosives trainer for al Qaida. :e. Other Relevant Data ::The detainee has assaulted the guards by spitting and throwing food on them on seven occasions. He has threatened to hit and kick the guards and participated in a block riot. }} The following primary factors favor release or transfer Transcript Ourgy chose to participate in his Administrative Review Board hearing. On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a Summarized transcripts from his Administrative Review Board. Second annual Administrative Review Board A Summary of Evidence memo was prepared for Abdul Bin Mohammed Bin Abess Ourgy's second annual Administrative Review Board, on 21 July 2006. The memo listed factors for and against his continued detention. References External links * Italy’s Guantánamo: Obama Plans “Rendition” Of Tunisians In Guantánamo To Italian Jail Andy Worthington Category:1965 births Category:Living people Category:People held at the Guantanamo Bay detention camp Category:Tunisian extrajudicial prisoners of the United States Category:Kandahar detention facility detainees Category:Bagram Theater Internment Facility detainees Category:People from Tunis